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AGREEMENT ON THE GAZA STRIP AND THE JERICHO AREA
The Government of the State of Israel and the Palestine Liberation
Organization (hereinafter "the PLO"), the representative of the
Palestinian people;
PREAMBLE
WITHIN the framework of the Middle East peace process initiated
at Madrid in October 1991;
REAFFIRMING their determination to live in peaceful coexistence,
mutual dignity and security, while recognizing their
mutual legitimate and political rights;
REAFFIRMING their desire to achieve a just, lasting and comprehensive
peace settlement through the agreed political process;
REAFFIRMING their adherence to the mutual recognition and commitments
expressed in the letters dated September 9, 1993, signed
by and exchanged between the Prime Minister of Israel and
the Chairman of the PLO;
REAFFIRMING their understanding that the interim self-government
arrangements, including the arrangements to apply in the
Gaza Strip and the Jericho Area contained in this
Agreement, are an integral part of the whole peace process
and that the negotiations on the permanent status will
lead to the implementation of Security Council Resolutions
242 and 338;
DESIROUS of putting into effect the Declaration of Principles on
Interim Self-Government Arrangements signed at Washington,
D.C. on September 13, 1993, and the Agreed Minutes thereto
(hereinafter "the Declaration of Principles"), and in
particular the Protocol on withdrawal of Israeli forces
from the Gaza Strip and the Jericho Area;
HEREBY AGREE to the following arrangements regarding the Gaza Strip and
the Jericho Area:
Article I
Definitions
For the purpose of this Agreement:
a. the Gaza Strip and the Jericho Area are delineated on map Nos. 1
and 2 attached to this Agreement;
b. "the Settlements" means the Gush Katif and Erez settlement
areas, as well as the other settlements in the Gaza Strip, as
shown on attached map No. 1;
c. "the Military Installation Area" means the Israeli military
installation area along the Egyptian border in the Gaza Strip,
as shown on map No. 1; and
d. the term "Israelis" shall also include Israeli statutory
agencies and corporations registered in Israel.
Article II
Scheduled Withdrawal of Israeli Military Forces
1. Israel shall implement an accelerated and scheduled withdrawal of
Israeli military forces from the Gaza Strip and from the Jericho
Area to begin immediately with the signing of this Agreement. Israel
shall complete such withdrawal within three weeks from this date.
2. Subject to the arrangements included in the Protocol Concerning
Withdrawal of Israeli Military Forces and Security Arrangements
attached as Annex I, the Israeli withdrawal shall include evacuating
all military bases and other fixed installations to be handed over
to the Palestinian Police, to be established pursuant to Article IX
below (hereinafter "the Palestinian Police").
3. In order to carry out Israel's responsibility for external security
and for internal security and public order of Settlements and
Israelis, Israel shall, concurrently with the withdrawal, redeploy
its remaining military forces to the Settlements and the Military
Installation Area, in accordance with the provisions of this
Agreement. Subject to the provisions of this Agreement, this
redeployment shall constitute full implementation of Article XIII of
the Declaration of Principles with regard to the Gaza Strip and the
Jericho Area only.
4. For the purposes of this Agreement, "Israeli military forces" may
include Israel police and other Israeli security forces.
5. Israelis, including Israeli military forces, may continue to use
roads freely within the Gaza Strip and the Jericho Area.
Palestinians may use public roads crossing the Settlements freely,
as provided for in Annex I.
6. The Palestinian Police shall be deployed and shall assume
responsibility for public order and internal security of
Palestinians in accordance with this Agreement and Annex I.
Article III
Transfer of Authority
1. Israel shall transfer authority as specified in this Agreement from
the Israeli military government and its Civil Administration to the
Palestinian Authority, hereby established, in accordance with
Article V of this Agreement, except for the authority that Israel
shall continue to exercise as specified in this Agreement.
2. As regards the transfer and assumption of authority in civil
spheres, powers and responsibilities shall be transferred and
assumed as set out in the Protocol Concerning Civil Affairs attached
as Annex II.
3. Arrangements for a smooth and peaceful transfer of the agreed powers
and responsibilities are set out in Annex II.
4. Upon the completion of the Israeli withdrawal and the transfer of
powers and responsibilities as detailed in paragraphs 1 and 2 above
and in Annex II, the Civil Administration in the Gaza Strip and the
Jericho Area will be dissolved and the Israeli military government
will be withdrawn. The withdrawal of the military government shall
not prevent it from continuing to exercise the powers and
responsibilities specified in this Agreement.
5. A Joint Civil Affairs Coordination and Cooperation Committee
(hereinafter "the CAC") and two Joint Regional Civil Affairs
Subcommittees for the Gaza Strip and the Jericho Area respectively
shall be established in order to provide for coordination and
cooperation in civil affairs between the Palestinian Authority and
Israel, as detailed in Annex II.
6. The offices of the Palestinian Authority shall be located in the
Gaza Strip and the Jericho Area pending the inauguration of the
Council to be elected pursuant to the Declaration of Principles.
Article IV
Structure and Composition of the Palestinian Authority
1. The Palestinian Authority will consist of one body of 24 members
which shall carry out and be responsible for all the legislative and
executive powers and responsibilities transferred to it under this
Agreement, in accordance with this Article, and shall be responsible
for the exercise of judicial functions in accordance with Article
VI, subparagraph 1.b. of this Agreement.
2. The Palestinian Authority shall administer the departments
transferred to it and may establish, within its jurisdiction, other
departments and subordinate administrative units as necessary for
the fulfillment of its responsibilities. It shall determine its own
internal procedures.
3. The PLO shall inform the Government of Israel of the names of the
members of the Palestinian Authority and any change of members.
Changes in the membership of the Palestinian Authority will take
effect upon an exchange of letters between the PLO and the
Government of Israel.
4. Each member of the Palestinian Authority shall enter into office
upon undertaking to act in accordance with this Agreement.
Article V
Jurisdiction
1. The authority of the Palestinian Authority encompasses all matters
that fall within its territorial, functional and personal
jurisdiction, as follows:
a. The territorial jurisdiction covers the Gaza Strip and the
Jericho Area territory, as defined in Article I, except for
Settlements and the Military Installation Area.
Territorial jurisdiction shall include land, subsoil and
territorial waters, in accordance with the provisions of this
Agreement.
b. The functional jurisdiction encompasses all powers and
responsibilities as specified in this Agreement. This
jurisdiction does not include foreign relations, internal
security and public order of Settlements and the Military
Installation Area and Israelis, and external security.
c. The personal jurisdiction extends to all persons within the
territorial jurisdiction referred to above, except for Israelis,
unless otherwise provided in this Agreement.
2. The Palestinian Authority has, within its authority, legislative,
executive and judicial powers and responsibilities, as provided for
in this Agreement.
3. a. Israel has authority over the Settlements, the Military
Installation Area, Israelis, external security, internal
security and public order of Settlements, the Military
Installation Area and Israelis, and those agreed powers and
responsibilities specified in this Agreement.
b. Israel shall exercise its authority through its military
government, which, for that end, shall continue to have the
necessary legislative, judicial and executive powers and
responsibilities, in accordance with international law. This
provision shall not derogate from Israel's applicable
legislation over Israelis in personam. 4. The exercise of
authority with regard to the electromagnetic sphere and airspace
shall be in accordance with the provisions of this Agreement.
5. The provisions of this Article are subject to the specific legal
arrangements detailed in the Protocol Concerning Legal Matters
attached as Annex III. Israel and the Palestinian Authority may
negotiate further legal arrangements.
6. Israel and the Palestinian Authority shall cooperate on matters of
legal assistance in criminal and civil matters through the legal
subcommittee of the CAC.
Article VI
Powers and Responsibilities of the Palestinian Authority
1. Subject to the provisions of this Agreement, the Palestinian
Authority, within its jurisdiction:
a. has legislative powers as set out in Article VII of this
Agreement, as well as executive powers;
b. will administer justice through an independent judiciary;
c. will have, inter alia, power to formulate policies, supervise
their implementation, employ staff, establish departments,
authorities and institutions, sue and be sued and conclude
contracts; and
d. will have, inter alia, the power to keep and administer
registers and records of the population, and issue certificates,
licenses and documents.
2. a. In accordance with the Declaration of Principles, the
Palestinian Authority will not have powers and responsibilities
in the sphere of foreign relations, which sphere includes the
establishment abroad of embassies, consulates or other types of
foreign missions and posts or permitting their establishment in
the Gaza Strip or the Jericho Area, the appointment of or
admission of diplomatic and consular staff, and the exercise of
diplomatic functions.
b. Notwithstanding the provisions of this paragraph, the PLO may
conduct negotiations and sign agreements with states or
international organizations for the benefit of the Palestinian
Authority in the following cases only:
(1) economic agreements, as specifically provided in Annex IV of
this Agreement;
(2) agreements with donor countries for the purpose of
implementing arrangements for the provision of assistance to
the Palestinian Authority;
(3) agreements for the purpose of implementing the regional
development plans detailed in Annex IV of the Declaration of
Principles or in agreements entered into in the framework of
the multilateral negotiations; and
(4) cultural, scientific and educational agreements.
c. Dealings between the Palestinian Authority and representatives
of foreign states and international organizations, as well as
the establishment in the Gaza Strip and the Jericho Area of
representative offices other than those described in
subparagraph 2.a. above, for the purpose of implementing the
agreements referred to in subparagraph 2.b. above, shall not be
considered foreign relations.
Article VII
Legislative Powers of the Palestinian Authority
1. The Palestinian Authority will have the power, within its
jurisdiction, to promulgate legislation, including basic laws, laws,
regulations and other legislative acts.
2. Legislation promulgated by the Palestinian Authority shall be
consistent with the provisions of this Agreement.
3. Legislation promulgated by the Palestinian Authority shall be
communicated to a legislation subcommittee to be established by the
CAC (hereinafter "the Legislation Subcommittee"). During a period of
30 days from the communication of the legislation, Israel may
request that the Legislation Subcommittee decide whether such
legislation exceeds the jurisdiction of the Palestinian Authority or
is otherwise inconsistent with the provisions of this Agreement.
4. Upon receipt of the Israeli request, the Legislation Subcommittee
shall decide, as an initial matter, on the entry into force of the
legislation pending its decision on the merits of the matter.
5. If the Legislation Subcommittee is unable to reach a decision with
regard to the entry into force of the legislation within 15 days,
this issue will be referred to a board of review. This board of
review shall be comprised of two judges, retired judges or senior
jurists (hereinafter "Judges"), one from each side, to be appointed
from a compiled list of three Judges proposed by each.
In order to expedite the proceedings before this board of review,
the two most senior Judges, one from each side, shall develop
written informal rules of procedure.
6. Legislation referred to the board of review shall enter into force
only if the board of review decides that it does not deal with a
security issue which falls under Israel's responsibility, that it
does not seriously threaten other significant Israeli interests
protected by this Agreement and that the entry into force of the
legislation could not cause irreparable damage or harm.
7. The Legislation Subcommittee shall attempt to reach a decision on
the merits of the matter within 30 days from the date of the Israeli
request. If this Subcommittee is unable to reach such a decision
within this period of 30 days, the matter shall be referred to the
Joint Israeli-Palestinian Liaison Committee referred to in Article
XV below (hereinafter "the Liaison Committee"). This Liaison
Committee will deal with the matter immediately and will attempt to
settle it within 30 days.
8. Where the legislation has not entered into force pursuant to
paragraphs 5 or 7 above, this situation shall be maintained pending
the decision of the Liaison Committee on the merits of the matter,
unless it has decided otherwise.
9. Laws and military orders in effect in the Gaza Strip or the Jericho
Area prior to the signing of this Agreement shall remain in force,
unless amended or abrogated in accordance with this Agreement.
Article VIII
Arrangements for Security and Public Order
1. In order to guarantee public order and internal security for the
Palestinians of the Gaza Strip and the Jericho Area, the Palestinian
Authority shall establish a strong police force, as set out in
Article IX below. Israel shall continue to carry the responsibility
for defense against external threats, including the responsibility
for protecting the Egyptian border and the Jordanian line, and for
defense against external threats from the sea and from the air, as
well as the responsibility for overall security of Israelis and
Settlements, for the purpose of safeguarding their internal security
and public order, and will have all the powers to take the steps
necessary to meet this responsibility.
2. Agreed security arrangements and coordination mechanisms are
specified in Annex I.
3. A joint Coordination and Cooperation Committee for mutual security
purposes (hereinafter "the JSC"), as well as three joint District
Coordination and Cooperation Offices for the Gaza district, the Khan
Yunis district and the Jericho district respectively (hereinafter
"the DCOs") are hereby established as provided for in Annex I.
4. The security arrangements provided for in this Agreement and in
Annex I may be reviewed at the request of either Party and may be
amended by mutual agreement of the Parties. Specific review
arrangements are included in Annex I.
Article IX
The Palestinian Directorate of Police Force
1. The Palestinian Authority shall establish a strong police force, the
Palestinian Directorate of Police Force (hereinafter "the
Palestinian Police"). The duties, functions, structure, deployment
and composition of the Palestinian Police, together with provisions
regarding its equipment and operation, are set out in Annex I,
Article III. Rules of conduct governing the activities of the
Palestinian Police are set out in Annex I, Article VIII.
2. Except for the Palestinian Police referred to in this Article and
the Israeli military forces, no other armed forces shall be
established or operate in the Gaza Strip or the Jericho Area.
3. Except for the arms, ammunition and equipment of the Palestinian
Police described in Annex I, Article III, and those of the Israeli
military forces, no organization or individual in the Gaza Strip and
the Jericho Area shall manufacture, sell, acquire, possess, import
or otherwise introduce into the Gaza Strip or the Jericho Area any
firearms, ammunition, weapons, explosives, gunpowder or any related
equipment, unless otherwise provided for in Annex I.
Article X
Passages
Arrangements for coordination between Israel and the Palestinian
Authority regarding the Gaza-Egypt and Jericho-Jordan passages, as well
as any other agreed international crossings, are set out in Annex I,
Article X.
Article XI
Safe Passage between the Gaza Strip and the Jericho Area
Arrangements for safe passage of persons and transportation between the
Gaza Strip and the Jericho Area are set out in Annex I, Article IX.
Article XII
Relations Between Israel and the Palestinian Authority
1. Israel and the Palestinian Authority shall seek to foster mutual
understanding and tolerance and shall accordingly abstain from
incitement, including hostile propaganda, against each other and,
without derogating from the principle of freedom of expression,
shall take legal measures to prevent such incitement by any
organizations, groups or individuals within their jurisdiction.
2. Without derogating from the other provisions of this Agreement,
Israel and the Palestinian Authority shall cooperate in combatting
criminal activity which may affect both sides, including offenses
related to trafficking in illegal drugs and psychotropic substances,
smuggling, and offenses against property, including offenses related
to vehicles.
Article XIII
Economic Relations
The economic relations between the two sides are set out in the Protocol
on Economic Relations signed in Paris on April 29, 1994 and the
Appendices thereto, certified copies of which are attached as Annex IV,
and will be governed by the relevant provisions of this Agreement and
its Annexes.
Article XIV
Human Rights and the Rule of Law
Israel and the Palestinian Authority shall exercise their powers and
responsibilities pursuant to this Agreement with due regard to
internationally-accepted norms and principles of human rights and the
rule of law.
Article XV
The Joint Israeli-Palestinian Liaison Committee
1. The Liaison Committee established pursuant to Article X of the
Declaration of Principles shall ensure the smooth implementation of
this Agreement. It shall deal with issues requiring coordination,
other issues of common interest and disputes.
2. The Liaison Committee shall be composed of an equal number of
members from each Party. It may add other technicians and experts as
necessary.
3. The Liaison Committee shall adopt its rules of procedure, including
the frequency and place or places of its meetings.
4. The Liaison Committee shall reach its decisions by Agreement.
Article XVI
Liaison and Cooperation with Jordan and Egypt
1. Pursuant to Article XII of the Declaration of Principles, the two
Parties shall invite the Governments of Jordan and Egypt to
participate in establishing further liaison and cooperation
arrangements between the Government of Israel and the Palestinian
representatives on the one hand, and the Governments of Jordan and
Egypt on the other hand, to promote cooperation between them. These
arrangements shall include the constitution of a Continuing
Committee.
2. The Continuing Committee shall decide by agreement on the modalities
of admission of persons displaced from the West Bank and the Gaza
Strip in 1967, together with necessary measures to prevent
disruption and disorder.
3. The Continuing Committee shall deal with other matters of common
concern.
Article XVII
Settlement of Differences and Disputes
Any difference relating to the application of this Agreement shall be
referred to the appropriate coordination and cooperation mechanism
established under this Agreement. The provisions of Article XV of the
Declaration of Principles shall apply to any such difference which is
not settled through the appropriate coordination and cooperation
mechanism, namely:
1. Disputes arising out of the application or interpretation of this
Agreement or any subsequent agreements pertaining to the interim
period shall be settled by negotiations through the Liaison
Committee.
2. Disputes which cannot be settled by negotiations may be settled by a
mechanism of conciliation to be agreed between the Parties.
3. The Parties may agree to submit to arbitration disputes relating to
the interim period, which cannot be settled through conciliation. To
this end, upon the agreement of both Parties, the Parties will
establish an Arbitration Committee.
Article XVIII
Prevention of Hostile Acts
Both sides shall take all measures necessary in order to prevent acts of
terrorism, crime and hostilities directed against each other, against
individuals falling under the other's authority and against their
property, and shall take legal measures against offenders. In addition,
the Palestinian side shall take all measures necessary to prevent such
hostile acts directed against the Settlements, the infrastructure
serving them and the Military Installation Area, and the Israeli side
shall take all measures necessary to prevent such hostile acts emanating
from the Settlements and directed against Palestinians.
Article XIX
Missing Persons
The Palestinian Authority shall cooperate with Israel by providing all
necessary assistance in the conduct of searches by Israel within the
Gaza Strip and the Jericho Area for missing Israelis, as well as by
providing information about missing Israelis. Israel shall cooperate
with the Palestinian Authority in searching for, and providing necessary
information about, missing Palestinians.
Article XX
Confidence Building Measures
With a view to creating a positive and supportive public atmosphere to
accompany the implementation of this Agreement, and to establish a solid
basis of mutual trust and good faith, both Parties agree to carry out
confidence building measures as detailed herewith:
1. Upon the signing of this Agreement, Israel will release, or turn
over, to the Palestinian Authority within a period of 5 weeks, about
5,000 Palestinian detainees and prisoners, residents of the West
Bank and the Gaza Strip. Those released will be free to return to
their homes anywhere in the West Bank or the Gaza Strip. Prisoners
turned over to the Palestinian Authority shall be obliged to remain
in the Gaza Strip or the Jericho Area for the remainder of their
sentence.
2. After the signing of this Agreement, the two Parties shall continue
to negotiate the release of additional Palestinian prisoners and
detainees, building on agreed principles.
3. The implementation of the above measures will be subject to the
fulfillment of the procedures determined by Israeli law for the
release and transfer of detainees and prisoners.
4. With the assumption of Palestinian authority, the Palestinian side
commits itself to solving the problem of those Palestinians who were
in contact with the Israeli authorities. Until an agreed solution is
found, the Palestinian side undertakes not to prosecute these
Palestinians or to harm them in any way.
5. Palestinians from abroad whose entry into the Gaza Strip and the
Jericho Area is approved pursuant to this Agreement, and to whom the
provisions of this Article are applicable, will not be prosecuted
for offenses committed prior to September 13, 1993.
Article XXI
Temporary International Presence
1. The Parties agree to a temporary international or foreign presence
in the Gaza Strip and the Jericho Area (hereinafter "the TIP"), in
accordance with the provisions of this Article.
2. The TIP shall consist of 400 qualified personnel, including
observers, instructors and other experts, from 5 or 6 of the donor
countries.
3. The two Parties shall request the donor countries to establish a
special fund to provide finance for the TIP.
4. The TIP will function for a period of 6 months. The TIP may extend
this period, or change the scope of its operation, with the
agreement of the two Parties.
5. The TIP shall be stationed and operate within the following cities
and villages: Gaza, Khan Yunis, Rafah, Deir El Ballah, Jabaliya,
Absan, Beit Hanun and Jericho.
6. Israel and the Palestinian Authority shall agree on a special
Protocol to implement this Article, with the goal of concluding
negotiations with the donor countries contributing personnel within
two months.
Article XXII
Rights, Liabilities and Obligations
1. a. The transfer of all powers and responsibilities to the
Palestinian Authority, as detailed in Annex II, includes all
related rights, liabilities and obligations arising with regard
to acts or omissions which occurred prior to the transfer.
Israel will cease to bear any financial responsibility regarding
such acts or omissions and the Palestinian Authority will bear
all financial responsibility for these and for its own
functioning.
b. Any financial claim made in this regard against Israel will be
referred to the Palestinian Authority.
c. Israel shall provide the Palestinian Authority with the
information it has regarding pending and anticipated claims
brought before any court or tribunal against Israel in this
regard.
d. Where legal proceedings are brought in respect of such a claim,
Israel will notify the Palestinian Authority and enable it to
participate in defending the claim and raise any arguments on
its behalf.
e. In the event that an award is made against Israel by any court
or tribunal in respect of such a claim, the Palestinian
Authority shall reimburse Israel the full amount of the award.
f. Without prejudice to the above, where a court or tribunal
hearing such a claim finds that liability rests solely with an
employee or agent who acted beyond the scope of the powers
assigned to him or her, unlawfully or with willful malfeasance,
the Palestinian Authority shall not bear financial
responsibility.
2. The transfer of authority in itself shall not affect rights,
liabilities and obligations of any person or legal entity, in
existence at the date of signing of this Agreement.
Article XXIII
Final Clauses
1. This Agreement shall enter into force on the date of its signing.
2. The arrangements established by this Agreement shall remain in force
until and to the extent superseded by the Interim Agreement referred
to in the Declaration of Principles or any other agreement between
the Parties.
3. The five-year interim period referred to in the Declaration of
Principles commences on the date of the signing of this Agreement.
4. The Parties agree that, as long as this Agreement is in force, the
security fence erected by Israel around the Gaza Strip shall remain
in place and that the line demarcated by the fence, as shown on
attached map No. 1, shall be authoritative only for the purpose of
this Agreement.
5. Nothing in this Agreement shall prejudice or preempt the outcome of
the negotiations on the interim agreement or on the permanent status
to be conducted pursuant to the Declaration of Principles. Neither
Party shall be deemed, by virtue of having entered into this
Agreement, to have renounced or waived any of its existing rights,
claims or positions.
6. The two Parties view the West Bank and the Gaza Strip as a single
territorial unit, the integrity of which will be preserved during
the interim period.
7. The Gaza Strip and the Jericho Area shall continue to be an integral
part of the West Bank and the Gaza Strip, and their status shall not
be changed for the period of this Agreement. Nothing in this
Agreement shall be considered to change this status.
8. The Preamble to this Agreement, and all Annexes, Appendices and maps
attached hereto, shall constitute an integral part hereof.
Done in Cairo this fourth day of May, 1994.
__________________________ ________________________
For the Government of the For the PLO
State of Israel
Witnessed By:
____________________________ ________________________
The United States of America The Russian Federation
__________________________
The Arab Republic of Egypt
.